Akash Bhardwaj vs Govt. Of NCT Of Delhi & Others

R. N. Singh, Member (J)

The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985, praying for the following

reliefs:-

(i) That the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondents either to accept the manual dossier of the applicant

or extend one chance to upload e-dossier after removing technical problem in portal of the respondent No. 2.

(ii) That the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondents to consider the applicant for his appointment to the

post of Data Entry Operator (Post Code 41/2015) in respect of advertisement No. 01/2015, considering all the documents of the applicant manually

along with all other eligible candidates.

(iii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation.

Shri Sharma, learned counsel for the applicant, submits that while uploading the dossiers, the applicant was not able to upload the requisite dossiers

on account of certain technical glitches. Learned counsel for the applicant further submits that for taking remedial actions and to advise him properly,

the applicant has sent emails (Annexure A/6) to the respondents. However, the same were not responded to. Accordingly, the applicant is stated to

have preferred representation dated 12.6.2021 (Annexure A/2) followed by another representation 3 OA No- 1199/2021 dated 14.6.2021 (Annexure

A/1). The same are still laying pending consideration of the respondents.

Issue notice.

Ms. Esha Mazumdar, learned counsel, who appears on behalf of the respondents on advance service, accepts notice.

Shri Sharma, learned counsel for the applicant submits that the final result is yet to be notified by the respondents and the applicant shall be satisfied

if the present OA is disposed of with direction to the respondents to consider the applicant's aforesaid pending representations (Annexures A/1 and

A/2) and to dispose of the same by passing a reasoned and speaking order within the stipulated time frame.

We are of the considered view that if such a request of the learned counsel for the applicant is accepted, no prejudice is likely to be caused to the

respondents.

In view of the aforesaid, without going into the merit of the claim of the applicant, the present OA is disposed of with direction to the respondent

no.2 to consider the applicant's aforesaid representations dated 12.6.2021 and 14.6.2021 (Annexures A/1 and A/2) and to dispose of the same by

passing an appropriate reasoned and speaking order as expeditiously as possible and in any case within four weeks of receipt of a copy of this Order.

It is made clear that any final result will be subject to the outcome of the final decision of the respondents pursuant to the present Order.

The present OA is disposed of in the aforesaid terms. No costs.